📅 2026 Update: Changes in the Madrid Protocol for Trademark Filings

Since the original article was published, significant changes have occurred in the Madrid Protocol concerning trademark filings in the U.S. The U.S. Patent and Trademark Office (USPTO) has updated its filing processes and fees, making it easier for applicants to navigate international trademark applications.

The details of these changes can be found further down the page in the original article.

🌍 Madrid e-Filing System Transition

As of October 1, 2026, the USPTO exclusively uses the Madrid e-Filing system for initial international trademark applications. This new system aims to streamline the filing process. Applicants now need to create a WIPO account to use it.

💰 Updated Fees for 2026

The fees for filing under the Madrid Protocol have been adjusted. The basic fee is now 653 Swiss francs (CHF) for a black and white mark and 903 CHF for a color mark. Additional costs include 100 CHF for each designated member country and 100 CHF for each class of goods beyond the first three.

🕒 Processing Times

The average processing times for new trademark applications as of October 1, 2026, are 4.3 months for the first examining action and 10.4 months for registration or abandonment. The Madrid e-Filing system is designed to improve efficiency and may reduce these times compared to previous methods.

📄 Requirements for Applicants

To successfully file, applicants must be nationals of a Madrid Protocol member country or have a real and effective commercial establishment in one. They must also have a national application or registration as a basis for their international application.

📌 Key Changes Summary

  • 🌐 Madrid e-Filing system launched for U.S. applications.
  • 💵 Updated fees: 653 CHF for black/white marks, 903 CHF for color.
  • ⏳ Average processing times: 4.3 months for the first action.
  • 📝 Applicants must have a national trademark as a basis.
  • 📅 New deadlines for responses and continued processing requests.

💡 Tips for Navigating the Madrid Protocol

Review the specifics of your situation with your attorney.

📝 Understand the New Filing System

Familiarize yourself with the Madrid e-Filing system as it is now the only method for international applications based on U.S. registrations. Creating a WIPO account is a necessary step.

💵 Budget for Updated Fees

Be prepared for the basic fees and additional charges related to designated countries and classes of goods. Ensure you factor these costs into your budget when planning your trademark application.

📅 Keep Track of Deadlines

Respond to any office actions from the USPTO within six months of their issuance. Missing this deadline may delay your application and require a continued processing request.

🔄 Utilize Free Resources

Take advantage of free resources from the USPTO and WIPO. They offer guides, FAQs, and webinars that can clarify the Madrid Protocol process, making it easier to file your application.

🚀 Stay Updated on Membership Changes

The Madrid System now includes 116 member countries. Keep an eye on new additions as they can expand your trademark's protection.

🏆 Services for Trademark Registration Ranked by User Reviews (2026)

This section features services that assist with trademark registration, relevant to the Madrid Protocol. The order is based on Trustpilot ratings checked in October 2026. Ratings can change over time, and while high scores indicate quality, they may not reflect every user's experience.

🥇 1. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. This service is well-known for offering online legal support, including trademark registration assistance. Users appreciate its user-friendly platform, but some have reported delays and communication issues, which could impact the filing process.

🥈 2. Rocket Lawyer

Rocket Lawyer has a Trustpilot score of 4.5. This service specializes in legal document creation and trademark registration support. While many users find it beneficial, the subscription model may not suit everyone, making it essential to assess your needs carefully.

🆓 Free Government Resources

The USPTO and WIPO provide free resources to help applicants understand the Madrid Protocol process. This includes guides, FAQs, and webinars that can assist in navigating trademark registration without additional costs.

🔎 Factors to Compare When Choosing a Service

  • 📋 Service offerings: What trademark services are provided?
  • ⏳ Processing times: How quickly can you expect your application to be processed?
  • 💵 Fee structure: What are the costs, and are there any hidden fees?
  • 📞 Customer support: How responsive is the service to inquiries and issues?

❓ Frequently Asked Questions

❓ What is the Madrid Protocol?

The Madrid Protocol is an international treaty that simplifies the process of registering trademarks in multiple countries through a single application.

🕒 How long does it take to process a Madrid application?

As of October 1, 2026, the average processing time for initial trademark applications is 4.3 months for the first examining action.

💰 What are the costs associated with filing under the Madrid Protocol?

The basic fee is 653 CHF for black and white marks and 903 CHF for color marks, along with additional fees for designated countries and classes.

🌍 How many member countries are in the Madrid System?

As of January 12, 2026, the Madrid System comprises 116 member countries.

📅 What happens if I miss a deadline for my application?

If you miss a deadline set by WIPO, you can request continued processing within two months of the deadline's expiration, which incurs a fee of 200 CHF.

📞 Where can I find help for the Madrid Protocol process?

Both the USPTO and WIPO offer free resources, including guides and webinars, to assist applicants in navigating the Madrid Protocol.

⚖️ Recent Cases Related to Trademark Law

Recent court rulings have focused on trademark registration and enforcement, which are closely tied to the Madrid Protocol and its processes.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





In
seeking the international registration of a trademark, one thing that should be
considered is to which treaty the country of the applicant is actually a
signatory of. It is an important consideration because not all countries are
members to the Madrid Agreement, and more specifically, certain countries may
only participate in either the Madrid Agreement or the Madrid Protocol. The
United States, for example, has only recently become signatory to the Madrid
Protocol, but not the Madrid Agreement. Currently, there are twelve countries
not included in the Protocol that strictly use the Madrid Agreement provisions for
international trademark registration. However, for the sake of the United
States, the only concern would be the adherence to the Madrid Protocol
provisions regarding the registration of trademark at the international level.
President George Bush signed into the Madrid Protocol with the Madrid Protocol
Implementation Act, which made the U.S. a member on November 2nd, 2003. The
actual registration process and requirements under the Madrid Protocol are not
much different than those implemented by the original Madrid Agreement. The
only key and relevant difference exists in the fact that the Agreement requires
that a trademark be nationally or federally registered in order to be eligible
for international registration. This is not the case with the Madrid Protocol.
One of the advantages of the Protocol is that a trademark may still be
considered for international register, as long as proof can be provided with
the application that said trademark is filed and currently pending approval for
federal registration. Furthermore, at the time that the trademark application
for national recognition is filed, the request to extend the application for
international consideration is also an option, and may be filed in concurrence
with the domestic application as well. The necessary international application
must still be filed and the proper payment of the imposed fees will also be
required. Another aspect that is different than the Madrid Agreement is that
under the Madrid Protocol, the first five years of international registration
are completely contingent upon the use of the trademark on the domestic or
national level. The owner of the trademark must upkeep the mark's viable use
and federally registered status with the country of origin in order to maintain
the international registration status. It is also important to note, that
international registration of a trademark, regardless of which treaty is being
adhered to, must be managed accordingly; the owner of a trademark in
international jurisdictions is subject to follow the laws inherent to that
particular country. For example, if an international trademark is used in the
United States under the Madrid Protocol, the owner of that mark must file a
Declaration of Continued Use, or renewal, by the end of the sixth year of the
United States registration, as it is required under United States trademark
laws. After that, a renewal must be filed after every subsequent ten year
period. In other words, international registration grants the national rights
for a trademark depending on that nation's own trademark laws, and it is up to
the owner must be fully aware of the legislation of each foreign country in
order to maintain the international registration for that particular nation.
Otherwise, the registration and application process under both the Madrid
Agreement and Madrid Protocol are virtually the same. Only a single application
is needed, as well as a single and collective fee, for the application for
international registration in multiple countries. The basic and main requirements
for international trademark registration are:



        
The applicant must be domiciled in the home country



        
The applicant must be considered a national of that country

How to Use the Madrid Protocol


        
The applicant has an actual and viable commercial
establishment for the use of the trademark in question



        
The applicant is responsible for furnishing all the
appropriate and required fees



        
The applicant is subject to approval pending a examination of
the International Registration



   
Each country that is being applied to will impose its own national
requirements for trademark registration as guidelines for approval; it is
possible that out of the countries being applied for international trademark
rights, more than one may deny approval, while others accept the registration.





All applications are made to the International Bureau, which is the
administrative office responsible for international trademark registration and
applications, which is a division of the World Intellectual Property
Organization with its headquarters in Geneva, Switzerland. The appropriate fees
are to be made payable in Swiss francs, which the appropriate exchange rate may
be applied to reflect the fee in the amount of the applicable currency of that
nation.